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Volume XIII, Number 160


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California Judge Temporarily Enjoins Implementation of FAST Recovery Act

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the provisions of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act).

If implemented, the FAST Recovery Act would establish a Fast Food Council consisting of business owners, fast-food workers, labor representatives, and government officials who together could set minimum standards on wages, working hours, and working conditions related to the health, safety, and welfare of fast-food workers at restaurants with at least thirty establishments nationwide. The law specifically allows the council to raise the minimum wage for covered workers to $22 per hour, effective January 1, 2023.

The temporary restraining order comes in response to a lawsuit filed by Save Local Restaurants, a consortium of small and large restaurants united in an effort to have the provisions of AB 257 put to a ballot referendum as part of the 2024 election cycle.

According to the lawsuit, Save Local Restaurants submitted more than 1 million signatures to the State of California as part of a referendum petition against AB 257. As of the time of the filing of the lawsuit, the state had not authenticated the more than 600,000 signatures needed to pass the referendum. If enough signatures are confirmed, California law mandates that implementation of AB 257 be paused and the law put to a public vote as part of the 2024 election cycle. This is similar to what happened to parts of Assembly Bill 5, which formalized the ABC test for independent contractors and was put to a vote as California Proposition 22 in 2020.

In granting the temporary restraining order, the court requested briefing from the parties and set the matter for a hearing on January 13, 2023.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XIII, Number 4

About this Author

Karen Tynan, employment lawyer, Ogletree Deakins
Of Counsel

Karen Tynan is an of counsel attorney in the Sacramento office of Ogletree Deakins. Karen is originally from the state of Georgia, and after graduating with honors from the United States Merchant Marine Academy, she worked for Chevron Shipping Company for ten years – sailing as a ship's officer on oil tankers rising to the rank of Chief Officer with her Unlimited Master’s License as well as San Francisco Bay pilotage endorsement.  Karen was the highest ranking woman in the Chevron fleet when she left her seafaring life.  This maritime and petroleum experience is unique among employment...

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Haidy is an Associate in the Sacramento office of Ogletree Deakins, where she represents employers in a variety of labor and employment litigation matters.

Prior to joining Ogletree Deakins, Haidy served as an attorney for the California Department of Human Resources, where she represented California state agencies throughout various stages of litigation in a wide range of labor and employment matters, including discrimination, retaliation, contract disputes, and personnel actions.

Haidy received her juris doctor from...

Robert C. Rodriguez Labor & Employment Lawyer Ogletree Deakins Law Firm

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Paul Smith Employment Lawyer California Ogletree Deakins

Paul Smith is an associate in the Sacramento Office of Ogletree Deakins. He crafts a practical, client-based approach to the defense of his clients in employment disputes spanning state and federal court, administrative proceedings, and arbitration.

Paul has experience working with small and large employers in matters of single and multi-plaintiff wage and hour disputes. He has also represented employers against allegations of discrimination, harassment, retaliation, and unfair labor practices.

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